A case-by-case analysis of the limits of administrative and disciplinary liability of The boundary between military personnel and real examples of the application of legislation in Ukraine and abroad.
When I think about how offenses change a person’s fate! the image of a soldier who! during his service! encounters invisible boundaries of the law appears before my eyes. These boundaries! although spelled out in legislation! are often confused with administrative sanctions and disciplinary measures. But how exactly does this mechanism work? What should servicemen who find themselves in a similar situation know?
Features of military responsibility: discipline or administration?
As a general rule! a serviceman who commits an administrative offense is held liable in accordance with the The boundary between Disciplinary Statute of the Armed Forces of Ukraine . However! there are exceptions. The legislator has provided for situations when the so-called mixed liability applies . This means that materials on the offense are drawn up in accordance with the country email list Code of Ukraine on Administrative Offenses (CUaAP) ! and sanctions are imposed within the framework of disciplinary action.
Read also
“We are reducing our production by more than half!” said the CFO of Ferrexpo
Business Week: Subsoil Agreement with the US! Reduction of Agricultural Exports! and Regulation of Cryptocurrencies
Absolute state monopoly. 10 most profitable energy changes in obtaining the status of a critical enterprise from 01.12.2024 companies in Ukraine
A vivid example is the violation of traffic rules (SDR) by military personnel. Drivers who drive vehicles of the Armed Forces of Ukraine or other military formations fall under special jurisdiction. The bodies authorized to draw up protocols on traffic violations do not impose administrative sanctions directly. They transfer the materials to military commanders! who already make decisions on disciplinary measures.
The role of the military inspection and the court
It seems that the legislation has divided the areas of responsibility between the court and other entities! but practice always has its own subtleties. For example! the Military Traffic Safety Inspectorate considers cases of violations such as speeding or driving without proper documents (Articles 121! 124-1 of the Code of Administrative Offenses). The inspectorate can issue a warning! but if more azb directory serious sanctions are involved! such as deprivation of the right to drive! the materials are sent to the court.